2014-Ģ��ƵAT-489

Ģ��ƵAT Held or Ģ��ƵDT Pronouncements

Ģ��ƵAT considered Mrs Sidell��s two Applications, one for correction and the other for interpretation of the judgment. With respect to the Application for correction, Ģ��ƵAT held that there were no clerical or arithmetical mistakes in the relevant paragraphs and that Mrs Sidell merely disagreed with the referenced portions of the judgment. With respect to the Application for interpretation, Ģ��ƵAT held that the referenced paragraphs were clear in meaning on the face of the record and did not need any interpretation. Ģ��ƵAT denied both Applications.

Decision Contested or Judgment/Order Appealed

Mrs Sidell challenged the Ģ��ƵJSPB��s decision not to pay her a widow��s benefit because she had not been reported to Ģ��ƵJPSF as being married to Mr Sidell at the time of his separation from service in 2002. Ģ��ƵAT concluded that the Ģ��ƵJSPF��s Administrative Rules did not prevent a participant such as Mr Sidell from changing his record to acknowledge the valid marriage that he had entered into before his separation and that it was unreasonable to deny Mrs Sidell a widow��s benefit. However, Ģ��ƵAT also concluded that the Sidells were negligent in not reporting their marriage before their respective separations from service and that the negligence on the part of the Sidells caused the Ģ��ƵJSPF to incur additional new obligations. Accordingly, Ģ��ƵAT ordered that the payment of the widow��s benefit to Mrs Sidell should start from 21 June 2013, the date of the judgment.

Legal Principle(s)

Neither the correction nor the interpretation procedures create an opportunity for a party to reargue his or her case.

Outcome

Revision, correction, interpretation or execution

OAJ prepared this case law summary for informational purposes only. It is no official record and should not be relied upon as an authoritative interpretation of the Tribunals' rulings. For the authoritative texts, please refer to the judgment or order rendered by the respective Tribunal. The Tribunals are the only bodies competent to interpret their respective judgments, as provided under Article 12(3) of the Ģ��ƵDT Statute and Article 11(3) of the Ģ��ƵAT Statute. Any inaccuracies in the publication are the sole responsibility of OAJ, which should be contacted directly for any correction requests. To provide comments, don't hesitate to get in touch with OAJ at oaj@un.org.

The judgment summaries were generally prepared in English. They were translated into French and are being reviewed for accuracy of the translation.

Applicants/Appellants

Sidell

Entity

Case Number(s)

Tribunal

Registry